The U.S. Court of Appeals for the Eleventh Circuit has granted rehearing en banc in Carson v. Monsanto Co., No. 21-10994, one of thousands of state-law personal injury suits alleging that Monsanto, the manufacturer of Roundup herbicide, failed to provide a label warning that glyphosate, the active ingredient in Roundup, can cause cancer. The U.S. Environmental […]
Petitioner Tyler, a 94 year-old woman, owed $15,000 in local property taxes and related penalties in connection with an abandoned condominium. In accordance with state tax-lien statutes, Hennepin County, Minnesota seized the property, sold it for $40,000, and retained the $25,000 surplus. The Eighth Circuit rejected Tyler’s contention that the County’s refusal to return the
ALF Brief Opposes Governmental “Home Equity Theft” Read More »
Almost all the 3 ½ hours of colloquy at the February 28, 2023 Supreme Court hearing on the student debt relief cases, Biden v. Nebraska, No. 22-506, and U.S. Department of Education v. Brown, No. 22-535, was devoted to two issues: (1) whether the plaintiff states and/or individuals have standing to challenge the debt cancellation
Is Mass Student Debt Cancellation Constitutional? Read More »
The Federal Advisory Committee Act (“FACA”) requires all federal departments and agencies to ensure that the membership of each of their scientific and other advisory committees “be fairly balanced in terms of the points of view represented and the functions to be performed.” 5 U.S.C. app. 2 § 5(b)(2). The Clean Air Scientific Advisory Committee
ALF Brief Opposes Exclusion of Industry Scientists From Key EPA Advisory Committee Read More »
On behalf of the DRI Center for Law and Public Policy, Larry Ebner, who chairs the Center, has submitted a letter to the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission,
I am delighted that DRI President Lana A. Olson has appointed me as Chair of the Center for Law & Public Policy-“The Voice of the Civil Defense Bar.” The Center serves DRI and its 14,000 members as that voluntary bar association’s think tank and advocacy voice. I look forward to working during the next 2 years with The Center’s
My Appointment as Chair of the DRI Center for Law & Public Policy Read More »
Last October, less than a month before the mid-term election, the Biden administration announced mass cancellation of student loan debt owed to the federal government by approximately 20 million borrowers. The Congressional Budget Office estimates that under the program—which is currently enjoined—more than $400 billion in student debt would be wiped out. Other estimates exceed
ALF Argues That Half-Trillion Dollar Student Debt Cancellation Is Unconstitutional Read More »
For the sixth straight year, I have been selected by Thomson Reuters as a Washington, D.C Super Lawyer – Appellate. Thank you for this recognition!
Selected Again As a Washington, D.C. Super Lawyer – Appellate Read More »
On behalf of the DRI Center for Law and Public Policy, I have submitted a letter to the Judicial Conference’s Standing Committee recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission, for filing amicus briefs. The Center’s recommendation follows the recent elimination
When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated
Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts Read More »
